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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69510
Experience:  Over 5 years in practice
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Am a motor vehicle repair business Approx 2months ago I

Resolved Question:

Hi am a motor vehicle repair business
Approx 2months ago I serviced a customers mercedes,the vehicle in question seized one week ago. The customer has had the vehicle at another garage they are saying I have used incorrect engine oil type and this has caused the engine to seize. The oil I have used is in compliance with mercedes standards. The oil was found to be in the engine I serviced so it has not been a leak that has caused this seizure.
The customer is now saying they wish to claim from my insurance,
Basically where do I go from here?
Kind regards,
Scott.
Submitted: 6 months ago.
Category: Law
Expert:  Jo C. replied 6 months ago.

Are you insured?

Customer: replied 6 months ago.
I have just renewed my insurance today,but for the time I serviced her vehicle no.
Customer: replied 6 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Jo C. replied 6 months ago.

You weren't insured at that time or you were?

Customer: replied 6 months ago.
Was not insured at the time.
Expert:  Jo C. replied 6 months ago.

Ok. No way around that then. You will have to deal with it yourself. They will not cover you.

Expert:  Jo C. replied 6 months ago.

It doesn't necessarily mean you are liable.

It just means that it cannot be passed onto the insurance company.

Customer: replied 6 months ago.
Ok so,the customer has said that the garage who now have the car are sending away a sample of the oil to verify it,I know the oil is the correct grade.. Where do I then stand when the test comes back showing this.Do I then end dialogue with the customer or offer them a refund for the service?
Expert:  Jo C. replied 6 months ago.

Wouldn't that suggest that you did nothing wrong?

Customer: replied 6 months ago.
Offering them a refund,or ending dialogue?
Expert:  Jo C. replied 6 months ago.

Not sure what you mean?

Customer: replied 6 months ago.
Basically I know the oil is correct. Once confirmed,where do I stand legally?
Expert:  Jo C. replied 6 months ago.

I cannot immediately see why you would be liable in those circumstances.

I suppose I haven't seen the evidence against you.

If they can't prove fault on your part there is no claim.

Customer: replied 6 months ago.
Is it not the case that now another garage has worked on this vehicle I no longer have liability, Or is this just nonsense?
Customer: replied 6 months ago.
Hi,Is this conversation still active?
Expert:  Jo C. replied 6 months ago.

No, not necessarily. It depends what they have done and what they have found.

if they have said that there is a fault at the time of presentation then you would be liable for that.

Jo C., Barrister
Category: Law
Satisfied Customers: 69510
Experience: Over 5 years in practice
Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 6 months ago.
am I liable for the costs of their inspection?
Customer: replied 6 months ago.
May I add,the customer took the vehicle there of their own accord.
Expert:  Jo C. replied 6 months ago.

No, if they are able to prove that you were negligent then you would be liable for the cost of putting it right.

Customer: replied 6 months ago.
Ok jo,Thank you for your advice,
You've been very helpful.Kind regards,Scott.

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